Upper Tribunal Limits Immigration Judicial Reviews in Scotland
· WOWERI
The Upper Tribunal of the UK has limited the number of immigration judicial reviews in Scotland. Most cases will now be heard in Scottish courts. The decision was made in the case of R (on the application of EB) v Secretary of State for the Home Department.
Upper Tribunal Limits Immigration Judicial Reviews in Scotland
The Upper Tribunal of the UK has limited the number of immigration judicial reviews in Scotland. Most cases will now be heard in Scottish courts. The decision was made in the case of R (on the application of EB) v Secretary of State for the Home Department.
Key Points of the Decision
- The Upper Tribunal ruled that judicial reviews should only be transferred from the Court of Session in rare cases where the particular issues raised will benefit from the expertise of the Upper Tribunal.
- The decision will apply to all immigration judicial reviews in Scotland.
Impact on Immigrants
Immigrants wishing to challenge a decision by UK immigration authorities must now appeal to Scottish courts. This may lead to longer processing times and changes to the appeals procedure.
What to do next
Source: freemovement.org.uk